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(영문) 서울고등법원 2016.06.14 2015나2054682
약정금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates business consulting business, and C (hereinafter “C”) is a company that engages in the business of manufacturing and selling vehicle freezing machines, and the above two companies were established by D, a inside director of the Plaintiff company.

B. The Defendant is a company engaged in the manufacturing and selling business of industrial hot water and control machinery. The Defendant is a company established to carry on freezing and freezing of vehicles for freezing, freezing, and greenhouse food transportation after receiving spot assets from C, and the above two companies (hereinafter collectively referred to as the “Defendant side company”) were established by F, a inside director of the Defendant company.

C. G Co., Ltd. was registered in the name of C on September 21, 2012, on the condition that the title of registration is transferred five years after the date of transfer, with respect to the electric power control equipment and method of vehicles used in freezing, refrigerating, and greenhouse gas transport (hereinafter collectively referred to as “instant patent”), as a company that holds shares of 51% in H and three others, and the remaining 49%, with respect to the cooling system for freezing vehicles (patent number J).

Around August 29, 2013, F, the Defendant’s internal director, engaged in negotiations on the transfer of goods, such as the technology, parts, equipment, tools, etc. of the vehicle freezing for the vehicle owned by C, between D and D, the Plaintiff’s internal director, for the freezing-making business of transporting vehicles. Around August 29, 2013, F, the Defendant’s internal director, agreed to expect and negotiate the initial purchase amount of KRW 500 million, but agreed to reduce the total purchase amount

Accordingly, on November 28, 2013, F entered into an asset acquisition agreement with F and C on the acquisition of the goods, such as the freezing machine manufacturing parts, tools, etc., in which F and C enter into a contract with D as F and C (hereinafter “instant asset acquisition agreement”), and on December 30, 2013, F set the contract party as the Defendant and the Defendant as the Defendant, with the remuneration of KRW 280,000,000.

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